Signed by Governor Nathan Deal

Vote Smart's Synopsis:

Vote to pass a bill that requires postsecondary institutions to report possible felony crimes of which they are made aware to law enforcement, effective August 1, 2017.

Highlights:

• Requires postsecondary institutions who reasonably believe that a felony crime has been committed to report such crime to the campus law enforcement agency or other appropriate law enforcement agency (Sec. 1).

• Specifies that information provided to an employee which is privileged under other laws is not subject to these requirements (Sec. 1).

• Prohibits postsecondary institutions from undertaking a criminal investigation unless it is performed by a campus law enforcement agency staffed with certified peace officers (Sec. 1). 

• Specifies that if a felony involves sexual assault, information that identifies the victim shall not be provided in reports without consent from the victim (Sec. 1).

• Specifies that no victim of an alleged sexual assault shall be required to cooperate with law enforcement or participate in a prosecution (Sec. 1).

• Authorizes postsecondary institutions to meet their duty of care to protect the campus community as required by law through the institution’s usual disciplinary procedures, separate from any criminal investigations (Sec. 1).     

• Prohibits postsecondary institutions from subjecting student to interim discipline for any acts or occurrences which are the basis for a criminal investigation without providing the opportunity for a hearing which provides due process protections for the student (Sec. 1).

• Prohibits postsecondary institutions from conducting disciplinary investigations based upon sexual assault without participation of the victim of sexual assault or from requiring a victim of sexual assault to participate in any disciplinary investigation (Sec. 1).

• Prohibits postsecondary institutions from conducting disciplinary investigations which obstruct or prejudice an ongoing criminal investigation (Sec. 1).